Federal Circuit finds that barring the registration of disparaging trademarks is unconstitutional, creating potential running room for the Washington Redskins.

An appeal of the 2014 decision to cancel the REDSKINS trademark is currently pending before the Fourth Circuit in Pro-Football Inc. v. Blackhorse. On December 22, 2015, the Federal Circuit ruled the longstanding ban on registering disparaging trademarks unconstitutional. The eight-judge In re Tam majority found Section 2(a) of the Lanham Act an impermissible restriction on speech in violation of the First Amendment. As a result, the Washington Redskins’ trademark registrations — cancelled on Section 2(a) disparagement grounds in 2014 — could be revived. Thus, the Federal Circuit’s In re Tam decision may help persuade the Fourth Circuit to rule in favor of the Redskins; if not, then the Supreme Court will likely be asked to weigh in on the resulting circuit split.